QUALITY MED. P.C. v. NY. MUT. INS.

2009-1458 QC.

30 Misc.3d 42 (2010)

QUALITY MEDICAL HEALTHCARE OF NY, P.C., as Assignee of Bianca Villaroel, Respondent, v. NY CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided December 3, 2010.


Attorney(s) appearing for the Case

Gullo & Associates, LLP, Brooklyn ( Cristina Carollo of counsel), for appellant.

Law Office of Alden Banniettis, Brooklyn ( Jeff Henle of counsel), for respondent.

WESTON, J.P., GOLIA and RIOS, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, without costs, so much of the order dated August 8, 2006 as provided that the trial was limited to the issue of whether the charges were excessive is vacated and the matter is remitted to the Civil Court for a new trial.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant cross-moved for summary judgment...

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